SAN rank should be abolished – Pa Gomez

Pa Tunji Gomez is at the forefront of the call for the abolition of the rank of Senior Advocate of Nigeria (SAN). He was called to the Nigerian Bar in 1961 and did his pupilage in the chambers of Oxford-trained lawyer, Michael Odesanya. As a junior, Gomez was in the team of lawyers that defended […]

Pa Tunji Gomez is at the forefront of the call for the abolition of the rank of Senior Advocate of Nigeria (SAN). He was called to the Nigerian Bar in 1961 and did his pupilage in the chambers of Oxford-trained lawyer, Michael Odesanya. As a junior, Gomez was in the team of lawyers that defended late politician Chief Obafemi Awolowo in his trial in the celebrated treasonable felony case of 1962. In this interview, he speaks on arms procurement scandal and many other issues. Excerpts:

There have been chilling revelations on the $2.1 billion arms procurement scandal. Do you think the present administration has the courage to address the problem facing us as a nation?
When you look at people that are supposed to be leading us then you ask yourself, where are the leaders and what are they teaching the younger ones? I do not think the scandal involving arms procurement will be swept under the carpet. It involved some foreign companies and organisations. But, the question you should ask is how long the case will last in court before a verdict is pronounced by the judge?  The point is that, it is the judgment, either one way or the other, that will decide whether people would be willing to blow the whistle for the good of Nigeria.  Do not forget that some cases involving former governors are still pending in court. Delay in determination of cases is part of the things that have been encouraging corruption in the country. When a case is in court for more than four to five years at the lower court, people will say what ‘is the point’? The case may still proceed to the Court of Appeal and the Supreme Court. By the time the case is finished, it would have become stale news. So, judgment must be quick, whichever way it goes.
Just recently, the Chief Justice of Nigeria, Justice Mahmud Mohammed, accused the National Assembly of putting the judiciary and, by extension, the nation, in danger by appropriating miserable funds yearly for the judiciary. What is your take on this?
The lawyers have cried out that the judiciary should be financially independent. We are in a country that supposed to have or pretends to operate a democratic system of government. How long will the judiciary keep running to the government for money? Otherwise, there is the possibility that government will indirectly blackmail the judiciary by delaying financial requests from the judiciary arm of government. This goes down to the judges because they are human beings with responsibilities. So, it leaves the judge open to temptations. So, for us to get efficient judiciary, you must make sure that judicial officer is well remunerated, equipped and housed. It is only when these needs are met that you can talk of a judiciary that meets the need of the people. So, for the CJN to accuse the lawmakers of staving the judiciary of funds is a warning as to how the independent of the judiciary will be maintained.
What is your view on the social media bill?
Freedom should have no limitation. There are laws, such as law of defamation, law of libel and the penalties are there in the statute book. However, there should be an international law  that regulates activities on the internet. The lawmakers should not enact a law to protect themselves. What they should fight for is to engineer the creation of a law that will regulate activities on the social media.  But, I do not agree that they should restrict the freedom of the press.  History has shown that the more you restrict the press, the more you are creating unrest. Because people cannot vent out their grievance, they result to violence. So, what they are about to do is a double-edged sword. I disagree with it.
What is your assessment of human rights in Nigeria?
We have come a long way and I am bold to say that the credit should go to the lawyers first, some activists and press. Without those three, human rights fight may not have come this far. However, we are not there yet, we still have a long way to go. When compared to other countries, we are far behind. For instance, fundamental human rights cases are still delayed in court. There should be faster method and people should be bold to say, especially when their rights are violated. What we need is more enlightenment, so that people can be conscious of their rights. But, how many Nigerian know their right? If you go to Britain, majority of the people know their rights. Nigerians don’t want to suffer, but if you do not suffer, you cannot get your rights.
How do you see the war of words between two lawyers over Supreme Court’s decision that suspended the trial of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT)?
The decision of the Supreme Court should not be a public debate. It seems to me that there is an intoxicating element in the rank of SAN. It appears that whenever they became Senior Advocate of Nigeria, they must have taken out of the intoxicating materials.